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In Waller v. Warren Plaza, 2014 Pa. Super. 134, a split panel rejected the holding of another panel of the Superior Court in Zimmerman v. Harrisburg Fudd I, 984 A. 2d 497 (Pa. Super. 2009), with respect to whether a finding of good faith constitutes a defense to a claim for attorney fees under the Pennsylvania Contractor and Subcontractor Payment Act. (CASPA, 73 P.S. sections 501-506).

Under CAPSA, a court has discretion to award attorney fees to a "substantially prevailing party". In Waller, the trial court awarded attorney fees of $78,071 to a contractor as the substantially prevailing party without regard to the owner's claim that it withheld payment in good faith based on its mistaken assumption that the contractor and the architect, who solely were responsible for change orders on the project, would resolve the dispute on additional claims by the contractor based on those change orders, between themselves. Notably, the trial court only awarded $23, 470.00 in compensatory damages to the contractor.

The owner in Waller relied upon a the prior Superior Court opinion in Zimmerman, which found that in order to recover attorney fees as a "substantially prevailing party", a claimant must establish that payment was withheld without good faith reasons. The panel in Waller undertook an examination the statutory language of CASPA, determined that an analysis of "good faith" only applied to the issue of whether a party is entitled to statutory interest and penalties, not attorney fees. It also found that its sister panel in Zimmerman failed to properly analyze various Federal Court opinions on which it relied for the opposite proposition. It is worth noting that the Pennsylvania Supreme Court previously denied a Petition for Allowance of Appeal in Zimmerman. 992 A.2d 890 (2010).

In a dissenting opinion, Justice Bender disagreed with the majority on the issue of the award of attorney fees, stating that Zimmerman constitutes binding precedent which the court was required to accept, citing Commonwealth v. Hull, 705 A.2d 911, 912 (Pa. Super. 1998)("It is beyond the power of a panel of the Superior Court to overrule a prior decision the Superior Court").

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Firm shareholder Henry Sneath's article "The New Federal Defend Trade Secrets Act of 2016" was published in the 2016 Fall/Winter edition of USLAW Magazine.

Firm shareholder Henry Sneath's ed a CLE on the New Federal Defend Trade Secrets Act of 2016 for the Western Pennsylvania chapter of the Association of Corporate Counsel

Firm shareholder Alan Miller was named as the 2017 Best Lawyer Environmental Litigator of the Year and also was named a 2016 Super Lawyer in Insurance Coverage.

Firm shareholder Henry Sneath was named a 2016 Super Lawyer in Intellectual Property Litigation; firm shareholder Anthony Picadio was named a 2016 Super Lawyer in Business Litigation; firm associate Brandon McCullough was named a 2016 Super Lawyer Rising Star in Insurance Coverage.

On May 25, 2016, Firm shareholder Jeff Ludwikowski presented "Voir Dire and Jury Selection" with Honorable Ronald Folina, at the Crowne Plaza Pittsburgh, as part of the National Business Institute's Continuing Education Programs.

Firm shareholder Henry Sneath and firm associate led and presented at a 2-hour CLE on "Defend Trade Secrets Act (DTSA): The New Federal Private Cause of Action for Trade Secret Misappropriation."

Firm shareholder Kelly Williams spoke at the USLAW Business to Business Litigation Exchange in San Francisco on Prosecuting and Defending Business Defamation and Commercial Disparagement Claims by or Against Competitors Including Social Media Issues.

Firm shareholder Jeff Ludwikowski spoke on "Wacky Pennsylvania Construction Laws" at the U.S. Law Network Spring Conference in Rancho Palos Verdes California, which took place on April 7-9, 2016.

Firm shareholder Jeff Ludwikowski was selected to serve a two year term as Education Coordinator for the Construction Law Section of the U.S. Law Network.

Firm shareholder Bridget Gillespie and firm associate Brandon McCullough served as Regional Editors and Co-Authors of the Pennsylvania Chapter of the DRI Duty to Defend Compendium which was published in February 2016.

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Picadio Sneath Miller & Norton, P.C., is a Pittsburgh law firm that serves clients primarily in Pennsylvania, but also in other jurisdictions on a special admission basis.